(1) If a resident
dies, the licensee may not retain or require payment for more than 15 calendar
days after the date of the resident's death, or the time specified in the
licensee's Agreement, whichever is less.
(2) If a resident leaves an AFH for medical
reasons and the resident or the resident's representative indicates the
resident's intent to not return, the licensee may not retain or require payment
for more than 15 calendar days after the date the licensee or administrator
receives notification from the resident, the resident's representative, or the
time specified in the licensee's Agreement, whichever is less.
(3) If a resident who has paid with private
funds becomes eligible for Medicaid services, the licensee must accept payment
from the Department from the date of eligibility forward as payment in full.
The licensee must reimburse the resident or the resident's representative
within 30 calendar days after the licensee receives payment from the Department
for any private payment received after the resident became eligible for
(4) The licensee
must act in good faith to reduce the charge to a resident who has left the home
by seeking a new resident to fill the vacancy.
(5) The licensee must refund any unused
advance payment to the resident, or the resident's representative as
appropriate, within 30 calendar days after the resident dies or leaves the
(6) If the AFH closes or the
licensee or administrator gives written notice for the resident to leave, the
licensee waives the right to collect any fees beyond the date of closure or the
resident's departure, whichever is sooner.
(7) If a resident dies or leaves an AFH due
to neglect or abuse at the AFH that is substantiated by a Department
investigator, or due to conditions of imminent danger of life, health, or
safety, the licensee may not charge the resident beyond the resident's last day
in the home.
policies in these rules also apply to refunds for resident moves and transfers
as described in OAR 411-050-0760